Government liability trial lawyer

Cities · Counties · Transit agencies · School districts

Public entities build and run the roads, crossings, buses, trains, sidewalks, parks and schools that everyone uses. When one of them creates or ignores a dangerous condition and someone is seriously hurt, California law allows the injured person to recover, but only by following rules that do not apply to any private defendant. Most government cases that fail, fail on those rules.

Results against public entities

$13,820,000 jury verdict, Garcia v. MTA — catastrophic injury caused by a public transit vehicle

$21,000,000 settlement, Santa Monica Farmers Market — City of Santa Monica and other defendants

$9,000,000 settlement, Ho v. City of Rancho Palos Verdes — dangerous condition of public property

$3,000,000 settlement, Saucedo v. Los Angeles Unified School District

$3,000,000 settlement, Blood v. County of San Bernardino

$2,600,000 jury verdict, Mehdipour v. City of Santa Monica — Big Blue Bus

Each case is different. Past results do not guarantee or predict a similar outcome. Some results were obtained with co-counsel.

The rules

Before suing a California public entity for injury or death, you must present a written claim to that entity, generally within six months of the incident (Gov. Code § 911.2). The entity has 45 days to act on it (Gov. Code § 912.4). If the claim is rejected in writing, you generally have six months from the notice of rejection to file suit (Gov. Code § 945.6). If you miss the six-month claim deadline, an application to present a late claim must be filed within one year, and leave is not automatic. These deadlines are not extended for minors the way ordinary limitations periods are.

The entity will also raise immunities that private defendants cannot: design immunity for an approved plan, discretionary-act immunity, and others. Beating those defenses is a matter of knowing which records to demand and which experts to retain before the claim is ever filed.

The cases we take

Dangerous roads, intersections and crossings; missing or defective guardrails and barriers; bus, light-rail and train incidents; dangerous conditions in parks, pools and public buildings; and injuries at schools. These cases often involve a public entity alongside a private defendant such as a manufacturer or a contractor, and we are used to litigating both at once.

Consultations are free and confidential. If a public entity may be responsible, please do not wait: the six-month clock is running whether or not you have a lawyer.